At today’s session of the Milli Majlis, the draft Constitutional Law of the Republic of Azerbaijan “On Approval of Amendments to the Constitution of the Nakhchivan Autonomous Republic” was put up for discussion in the second reading.
According to Elchi.az, the draft Constitutional Law envisages the addition of 2 new articles (Article 3-1 and Article 28-1) to the Constitution of the Nakhchivan Autonomous Republic, the removal of 1 article (Article 5), and amendments to a number of articles and the Preamble.
According to the draft, the provision on the Nakhchivan Autonomous Republic being an integral part of the Republic of Azerbaijan, mentioned in Part III of Article 134 of the Constitution of the Republic of Azerbaijan, will also be reflected in the Preamble of the Constitution of the Nakhchivan Autonomous Republic.
According to Article 3-1, “Authorized Representation of the President of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic,” which is planned to be added to the Constitution, the authorized representation of the President of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic is an executive body that performs the tasks defined by the President of the Republic of Azerbaijan in the territory of the Nakhchivan Autonomous Republic, and it is headed by the authorized representative of the President of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic, who is appointed and dismissed by the President of the Republic of Azerbaijan and directly subordinate to the President of the Republic of Azerbaijan.
Another article planned to be added to the draft is Article 28-1, “Dissolution of the Supreme Assembly of the Nakhchivan Autonomous Republic.” This article states that the Supreme Assembly of the Nakhchivan Autonomous Republic may be dissolved by the President of the Republic of Azerbaijan at the request of 31 deputies or if it cannot perform its duties specified in the relevant articles of the Constitution for reasons that cannot be eliminated.
One of the changes envisaged in the draft Constitutional Law is the removal of Article 5, “The Highest Official of the Nakhchivan Autonomous Republic.”
According to the draft, elections to the Supreme Assembly of the Nakhchivan Autonomous Republic will be appointed by the President of the Republic of Azerbaijan based on the proposals of the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic (Article 13, Part II).
In addition, the draft envisages the possibility of holding a closed session of the Supreme Assembly of the Nakhchivan Autonomous Republic at the proposal of the President of the Republic of Azerbaijan or the Milli Majlis of the Republic of Azerbaijan (Article 18, Part IV).
According to the draft Constitutional Law, laws on elections to the Supreme Assembly of the Nakhchivan Autonomous Republic and the status of deputies of the Supreme Assembly of the Nakhchivan Autonomous Republic will be adopted by a majority of 31 votes, and laws on other issues will be adopted by a majority of 23 votes (Article 24, Part II).
According to the draft, the requirement to reside permanently in the territory of the Nakhchivan Autonomous Republic for at least five years will be removed in order to be elected Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic (Article 29, Part II).
Another planned change is the appointment of heads of local executive authorities in the Nakhchivan Autonomous Republic by the President of the Republic of Azerbaijan based on the submission of the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic (Article 32.4-1).
According to the draft Constitutional Law, the Cabinet of Ministers of the Nakhchivan Autonomous Republic will not be subordinate to the Supreme Assembly of the Nakhchivan Autonomous Republic and will determine its working procedure in agreement with the President of the Republic of Azerbaijan.
The draft also envisages that the acts of the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic will no longer be called decisions, but orders, in accordance with the Constitutional Law of the Republic of Azerbaijan “On Normative Legal Acts” (Article 33).
According to the draft, not constitutional laws, but laws will be adopted on amendments and additions to the Constitution of the Nakhchivan Autonomous Republic (Article 50).
The draft also envisages a number of adjustments, clarifications, and technical changes to bring it into line with the Constitution of the Republic of Azerbaijan.
After discussions, the draft law was adopted in the second reading.
It should be noted that Constitutional Laws on amendments to the Constitution are put to a vote twice in the Milli Majlis. The second vote is held 6 months after the first vote. These laws are submitted to the President of the Republic of Azerbaijan for signing in the manner prescribed in this Constitution for laws after both the first and second votes, and enter into force when signed by the President after the second vote.